NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25085
M. David Vaughn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman J. Mays for being absent without permission
on December 1, 1981 was excessive and an abuse of justice and discretion by the
Carrier (System File 37-SCL-82-1/12-39(82-1065) K).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant J. Mays was employed as a Trackman and on November
30, 1981, Claimant was assigned to duty on a track gang. He
was instructed to report to his Foreman at the conclusion of his shift to discuss
Claimant's recovery from an injury and the light duty to which he had been
assigned that day, after failing to perform*his Trackman duties. Claimant
failed to report. The next day, Claimant was scheduled for duty, but failed to
report at all and failed to notify his supervisor during his scheduled shift of
the reason for his absence.
Following notification, the Carrier conducted an investigatory hearing
and, based on the results of the hearing, dismissed Claimant for violation of
Rule 17(b), which states:
"An employee desiring to be absent from service must
obtain permission from his foreman or the proper officer.
In case an employee is unavoidably kept from work, he
must be able to furnish proof of his inability to notify
his foreman or proper officer.-
Appeals filed on Claimant's behalf by his organization were unsuccessful, and
the case was brought before this Board.
It is undisputed that Claimant was absent from service on December
1st, that he did not have permission from his Foreman or any other Carrier
official to be absent and that he did not notify the Carrier of the reasons for
his absence until after his return.
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Locket Number MW-25085
Claimant asserts instead that he was called unexpectedly to escort
his fiancee to the hospital for a medical emergency. He stated that he attempted
to notify the Carrier by telephone of the reason for his absence one time but
that the telephone was busy and he did not try again.
On Claimant's return, he produced a paper purporting to be from a
doctor at the hospital indicating that Claimant had been at the hospital on
December 1st, but the Carrier's witness testified that the hospital had no
employe of any rank with the name with which the paper was signed. The letter
was not on hospital letterhead and contained misspelled and improper words.
The Carrier notified Claimant at the time he submitted the paper that it would
not serve as an acceptable excuse and suggested that he obtain a more official
document. Claimant failed to do so.
The Carrier has every right to expect that its employes will comply
with their obligations to report for duty and to keep the Carrier informed if,
for valid reason, they cannot do so. Knowledge of the status of employes is
crucial to the scheduling and accomplishment of the Carrier's work. An employe's
absence without good reason and without reporting materially interferes with
those Carrier functions.
It is clear from the record that Claimant was absent in violation of
Rule 17(bJ. In light of Claimant's lack of a credible excuse for his absence
and the apparent misrepresentation of his whereabouts, the Board cannot conclude
that the penalty of dismissal imposed by the Carrier was excessive or an abuse
of discretion. Claimant's prior disciplinary record offers no basis to mitigate
the penalty. He had, from February 14, 1980 until the date of the incident
here at issue been disciplined'five times, including 55 days of actual suspension.
Accordingly, the Carrier's action will be upheld and the claim will be, and it
is, denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
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Docket Number MW-25085
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~-
Nancy 1'.,Aver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1984.